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Backyard Chickens City Council Work Session | September 19, 2022 Topics • Background • Potential Issues • January 2022 Work Session • Other municipalities’ regulations • Possible Code Amendments • AG-1 (43,000 sq ft) & SF-33 (33,000 sq ft) residential lots permit chickens • Unlimited amount • No roosters are permitted in any district • Required fence enclosure; no closer than 100 ft. to front property line Background Homeowner’s Associations • HOA’s can prohibit raising, breeding, or keeping chickens • Residents living in HOA’s must comply with their CC&R’s • 71.5% of neighborhoods within an HOA • Resident initiated Code Amendment 2013 • Planning & Zoning Commission recommended approval 4-2 • City Council Denied 4-3; concerns cited included ability and timelines of enforcement Background • Noise • Odor • Health • Trespassing/ roaming • Building safety • Enforcement Cons Pros Backyard Chickens • Healthy eggs • Free pest control • Chicken droppings: excellent garden fertilizer • Connection to nature / sustainability • Educate children in the family • Therapy for special needs residents • Valley Wide Chicken Complaints • Notification of adjacent neighbors & potential Backyard Chicken Permit • How to Enforce? Code Enforcement vs Police Department January Work Session * Municipality Zoning Permitted Number Chickens Permitted (Amount depends on Lot Size) Roosters Permitted Coop Permitted Gilbert All single-family lots 5 – 37+ chickens Yes Yes Queen Creek All single-family lots 5 – 10 chickens Yes* Yes Mesa All single-family lots 10 – Unlimited chickens Yes Yes Tempe All single-family lots 5 chickens Yes* Yes Scottsdale All single-family lots Unlimited Yes Yes Phoenix All single-family lots 20 - Unlimited chickens No Yes Maricopa County All single-family lots 5 - Unlimited chickens Yes* Yes Glendale Within single-family lots larger than 10,000 Unlimited No Yes Chandler Within single-family lots larger than 33,000 Unlimited No Yes Surrounding Municipal Regulations *Only permitted on larger lots Municipality Zoning Permitted Number Chickens Permitted Coop Requirements 2021 Annual Complaints Gilbert All single- family lots • 6,000 – 8,000 sq ft -5 chickens • 8,000-10,000 sq ft-10 chickens • 10,000-20,000 sq ft-25 chickens • Additional 10,000 sq ft-12 additional Roosters permitted 1 per 20,000 sq ft Meeting Building Setback; if within half rear yard, setback five feet from property line 12 Total Issue: Roosters & Feral Chickens Queen Creek All single- family lots • 5,000 – 9,999 sq ft- 5 chickens • 10,000-35,000 sq ft- 10 chickens • One Acre -10 chickens Roosters permitted lots 1 acre or larger Meeting Building setbacks; if within half rear yard, setback five feet from property line Coop not taller than six feet None Mesa All single- family lots • Per half acre- 10 Chickens • 2.5 acres & larger –Unlimited Roosters permitted Separated 75’ for coop and 40’ for enclosure from adjacent homes 102 Total Issue: Roosters & Feral Chickens Tempe All single- family lots • Maximum 5 Chickens Roosters permitted lots 1 acre or larger Meeting Building Setbacks, unless under 200 square feet and not taller than 8 feet 16 Total Issue: Roosters & Feral Chickens Scottsdale All single- family lots • No limit Roosters permitted Meeting Building Setbacks None Phoenix All single- family lots • Less than 1/2 acre- 20 Chickens *Lots under 10,000 sq ft require written consent from surrounding neighbors • Per additional ½ acre- 25 additional Chickens • 2.5 acres or larger- Unlimited 80’ coop separation from adjacent homes; distance waived if adjacent neighbor consents 304 Total Issue: Roosters & Coop Setbacks Maricopa County All single- family lots • Lots less than one acre- 5 chickens • One acre or larger lots- unlimited chickens Roosters permitted lots 1 acre or larger Meeting Building Setbacks 7 Total Issue: Roosters & Coop Setbacks * Surrounding Municipal Complaints • Benefits • Consent from adjacent neighbor • Constraints • Currently don’t require signatures for other uses in backyards • Property Owner vs Renter • Possible hold out of one neighbor • New neighbor did not agree to original permit, do the chickens then become a violation? • Verification of neighbor’s signatures Requiring Signatures of Neighbors Free, no expiration date, and online application • Benefits • Resident acknowledges requirements • Database of properties with permit • Residents may be more willing to allow inspections • Constraints • 4th Amendment prohibits unreasonable search • Doesn’t speed up the process • Permit does not solve enforcement issues Backyard Chicken Permit • Distinguishing roosters from hens • Ability to verify number of chickens • Identifying owner of “free roaming” chickens • Currently average 4 complaints per month Enforcement Challenges • Property Maintenance Code updated in 2020 • Streamlined citation process 30-9(F) • Animal Waste 30-20(H) • Enhanced Field Capabilities • GoGov –new case management system • Computers & printers in all code vehicles Enforcement 2013 vs 2022 • Complaint received or proactive case initiated • 10-day Notice to Comply issued • 7-day Final Notice issued • Court civil citation issued; initial court appearance is 30-45 days later depending on service • Attempt personal service • Attempt service by certified mail • Service by posting at the property • Criminal cases referral: 45-60 days Code Enforcement Process Possible Code Amendments If City Council wants to proceed, staff recommends the following: Chapter 14 Animals • Chickens permitted all single-family lots • Maximum 5 hens, no roosters • Chicken coop/enclosure required within rear yard meeting 5-feet setback from all property lines; no trespassing upon other properties or street • Establish building setback of five (5) feet for coops/ enclosures from all property lines in lieu of minimum lot sizes Possible Code Amendments Chapter 14 Animals • Identify enforcement by Code Enforcement • Change violation from misdemeanor to civil citation • Repeal Section 14-3 requiring written consent from neighbors within 200-feet to keep animals • Establish Backyard Chicken Permit Possible Code Amendments Chapter 35 Zoning Code o • Add Chicken Coop to definitions & classify as type of structure permitted • Coops exceeding 120 sq. ft. and/or 7ft. in height require building permit & classified as Accessory Structure • All coops connected to utilities (water, electricity) require permit regardless of size • Add Chickens permitted as referenced in Chapter 14 for single-family zoned properties Possible Code Amendments Chapter 30 Property Maintenance Code o • Add 30-20(N) to reference changes of chapter 14 & 35 • Amend 30-6(C) to change “against any person” to “any owner, occupant, or person” Possible Code Amendments • Public Feedback on City’s website -23 responses total -22 in favor of chickens; 1 opposed -13 out of 23 residents from traditional subdivision; no HOA • Other opposition: - Two phone calls - One email • Articles written in local valley newspapers Public Outreach Next steps if moving forward • September 2022 Advertise within local newspaper & City’s website • October 2022 Planning and Zoning Commission • November 2022 City Council Introduction of Ordinance • December 2022 City Council Final Adoption 1. Proceed with City Code Amendment? 2. Require Backyard Chicken Permit? 3. Require signatures from adjacent neighbors? 4. Direction from City Council any other related items Discussion & Questions